INDEX

Ser No Particular Topic Page No

1. Convening Order (i)
2. List of Witness 2
3. IAFD-931 4
4. Statement of 7-15
Witness
5. Finding of Court 16
6. Opinion of the 18
Court
 List of Witness

Witness No Witness Page No

From To
1. NO 5456042F 7 10
L/NK Pankaj
Thapa
2. JC-618268X 11 15
Nb Sub Vishal
Thapa
 List of Exhibits

Ser No Exhibits Particulars/Subject Page No

1. Exhibit-I Military Driving
Licence of NO
5456042F L/NK
Pankaj Thapa
2. Exhibit-II Roadworthy
Certificate of Veh
BA NO 12B-
112551N Maruti
Gypsy
3. Exhibit-III Relevant Pages of
Car diary of Veh
BA NO 12B-
112551N Maruti
Gypsy
4. Exhibit-IV Accident Site
(Road site tree)
 In lieu of IAFD-931

Proceeding of a Court of Inquiry

Assembled at B Coy, 1/5 Gorkha Rifle

(Frontier Force)

On the date of 10 Mar 2017 and

subsequent day.

By the order of Commanding Officer, 1/5

GR(FF), vide Convening order No 1303/BH

For the purpose of To investigate into the

circumstances under which

Veh BA NO 12B-112551N Maruti

Gypsy driven by NO 5456042F

L/Nk Pankaj Thapa met with

an accident (hit the road side tree)

on 02 Sept 2016 at approx 0330hrs

in Gen Area Dengoan (RF4050)

during Op Dengoan, resulting

in grevious and life damaging

injuries to NO 5455037K
 NK Gyane Tamang and

NO 5455936L NK Chesh Bdr Thapa.

Presiding Officer SS-47626H Capt Ajit Limbu

Members 1. JC-617889K Sub Lok Bdr Thapa

2. JC-618277Y Nb Sub Tas Badhur

Gurung

Pursuant to the order, court assembled on 10 Mar 2017 and subsequent

day to investigate into the circumstances under which Veh BA NO 12 B-
112551N Maruti Gypsy driven by NO 5456042F L/NK Pankaj Thapa met
with an accident (hit the road side tree) on 02 Sept 2016 at approx
0330hr in Gen Area Dengaon (RF 4050) durning OP Dengoan resulting
in grevious and life dangering injuries to NO 5455037K NK Gyane
Tamang and No 54559362 Nk Chesh Bdr Thapa.

Presiding Officer ____________________

( SS-47626H Capt Ajit Limbu)

Members 1.____________________

(JC-617889K Sub Lok Bdr Thapa)

2. _____________________

(JC-618277Y Nb Sub Tas Badhur Gurung)

Witness Number 1
1. NO 5456042F L/Nk Pankaj Thapa of 1/5 GR(FF), having
been duly warned states that.
2. I have been serving with 1/5 (FF) since 2002. I was posted
to unit MT in 2008. I underwent driver training at 58 GTC,
Shillong for six months durning 2008. I was finally permited
to drive on civil road after having undergone a qualifying
test and have been issued with a military driving licence.
3. During Gurez tenure, was transferred from MT Pl to Coy
when Bde Cdr veh met with an accident on 2011. On Aug
2016 I was reissued with Driving Licence and posted to C
coy.
4. On 1st Sept 2016, we moved from C coy to B Coy for Op
Dengoan. Our party went for Ops to Dimapur, I was order
to stay back at B Coy.
5. At 00:30 hr on 02 Sept 2016, I was detailed to do link to
Lanka Railway Stn to bring JC-618268X Nb Sub Vishal
Thapa party. The rest of party return on TATA SUMO.
6. I was fined when we reach Lanka Rly Stn, while returning
back I felt little drowsy, but on reaching intersection at
lanka- Hojai intersaction I slept while driving, after that I
dont remember, only realize when reached Guwahati MH.

__________________________
(NO 5456042F L/NK Pankaj Thapa)
Presiding Officer ______________________
( SS-47626H Capt Ajit Limbu)

Members 1. ______________________
( JC-617889K Sub Lok Bdr Thapa)
2. ___________________
( JC-618277Y Nb Sub Tas Badhur
Gurung)

Question by the Court:

Question 1. At the time of incident were you feeling drowsy?
Answer Yes. I was feeling drowsy while driving back.
Question 2. Did you counsume liquor on the day when accident
occurred?
Answer No. I did not consume alcohol on the day of the
accident or the prior to the accident.
Question 3. What time did you sleep in night before the
accident?
Answer I slept at around 2200hrs, also did not took rest during
day.
Question 4. Did you see anything approaching to you?
Answer No. I did not realize.
Question 5. When you took turn did your vehicle skid?
Answer No. I dont realize.
Question 6. Normally at what speed you drive Veh?
Answer. I drive at a speed of 50 KM/Hr.
Question 7. What was the speed of your veh at the time of
accident?
Answer. I dont remember.
Question 8. How was the visibility of the road?
Answer. Visibility was poor due to darkness and rain.
Question 9. How was the road condition and traffic on the road.
Answer. The condition of the road good.
Question 10. Which Veh you generally drive?
Answer. I generally drive 2.5 ton and gypsy.
Question 11. What is your age and medical category?
Answer I am 32 yrs old and my medical category is SHAPE-I.
Question 12. Do you consume liquor or any type of intoxicating
substances?
Answer. Yes. Only on issue day.
Question 13. Do you have any family problem?
Answer. No. I am well of from my family side.
Question 14. Are you suffering from any type of illness like fits?
Answer. No. I am physically and mentally fits.
Question 15. Do you wish to add anything else?
Answer. No.
The above statement, question and answer have been read
over to me in the language which I understand best and I sign it
as correct.
__________________________
(NO 5456042F L/Nk Pankaj Thapa.)

Presiding Officer____________
Witness No. 2

1. JC-618268X Nb Sub Vishal Thapa, 1/5 GR(FF) having been

duly warned states that
2. I JC-618268X NbSub Vishal Thapa, am serving in 1/5
GR(FF) since 1994. I was co-driver of Veh BA NO 12B-
11251N Maruti gypsy driven byNo 54560 42F LNk Pankaj
Thapa on 02 sep 2016 we went for Op Dengoan after
apperehension of Kplt cadre starphill from Dimapur
,while returning the lack of space in TATA sumo ,Maj Ishan
Rana ,order two of us to come by train.We took train from
Dimapur at 2200 hrs and reach Lanka at 0030 hrs on 02
sept 2016 . I requested B coy Sr Jco Khem Bdr Thapa for
veh ,we boarded veh , it starting raining ,when we reach
near Lanka Hojai intersetron, driver got confused and
moved towards Hojai route ,I asked him to take left ,but a
truck was approaching us so veh turn right ,which it hit
road side tree, thus completely damaging right side of
Gypysy and halted after few distance.
3. I came out of veh towards driver side NO 5456042 F LNk
Pankaj Thapa was lying unconscious and leg struck
between accelerator and break and engine oil was looking
so, I switch off the vehicle . Then move towards co- driver
seat and remove leg and moved him to side and gave him
CPR which he responded , then move to rear NO 5455936
 NK Ches Bdr Thapa was out side veh ,but bleeding from
fore head ,with handkerchief tried to stop bleeding .NO
5455037 K NK Gyane Tamang was screaming in pain his leg
was struck in between seat as seats support broken, took
out from vehicle , in mean time asked NO 5455936L NK
Ches Bdr Thapa to call B Coy Sr JCO , our source was
thrown out of vehicle and was lying in middle of road in
unconscious state , pulled him to side and gave him CPR. In
mean time 8 jat party going for ops Jirikinding , asked help
from them , took NO 5455037 K NK Gyane Tamang . NO
5455936 L NK Ches Bdr Thapa and NO 5456042 F Nk
Pankaj Thapa to Lanka PHC in their TATA SUMO and TATA
207.
4. Maj Ishan Rana ,OC ,C COYand B Coy Sr Jco Khem Bdr
Thapa reach the spot ,then we moved to Lanka PHC after
first aid , they were referred to Hojai Ajamal Medical
Institute , on X-ray it was found two lower ribs of NO
5455037 K NK Gyane Tamang were broken , and CT scan
performed for head inqury of NO 5455936L NK Ches Bdr
Thapa and NO 5456042F LNk Pankaj Thapa found to be
normal . RMO Capt Santosh reach hospital , and after
dishcharge refered to Guwhati MH after treatment NO
5455037K NK Gyane Tamang and NO 5455936 L Nk Ches
Bdr Thapa and NO 5456042F L/NK Pankaj Thapa went to
sick leave.
 _______________________
JC-618268X Nb Sub Bishal Thapa

___________________
Presiding officer SS-47626 Capt Ajit Limbu

Member ______________________
1. JC-617889 K Sub Lok Bdr Thapa
_______________________
2. JC-6182774 Nbsub Tas Bdr
Gurung

Question by Court
Question No.1 What was the speed of your veh prior to
reaching the intersectrm on lanka ahojai road?
Answer . The spead of veh was approx 50 km/hr
Question No.2 How do you know that ?
Answer . By assumptrom ,as it was dark couldnt see
speedmete.
Question No.3 How was the visibility of the road ?
Answer . Visivility of road poor and also it was raining
Question No.4 How was the road condition and traffic on the
road?
Answer . Road condition was good and no traffic on the road
Question No.5 How many time you had travel Kheroni Lanka
route?
Answer . I have travel more than 20 time.
Question No.6 Did he Knew kheroni Lanka route?
Answer . Yes.
Question No.7 Was NO 5456042 LNK Pankaj Thapa under the
influence of Liquor or any other intoxicant at the time of
accident?
Answer . We didnt realize , when we took him to Ajmal
Medical Instutitute doctor have conform he had taken Alcohol.
Question No. 8 Was he under any pressure or worry which was
disturbing him from concentration on driving?
Answer . No.
Question No.9 What was the distance when you saw truck
approaching ?
Answer . 60 mtr was the gap.
Question No.10 Does he suffer from any type of illness like fits?
Answer. No.
Question No.11 Do you wish to add anythingelse
Answer . No.

__________________________
(JC-618268X Nb Sub Bishal Thapa)

Presiding Officer____________

Opinion of court
1. On 02 Sept 2016 T around 0330 hrs the road accident of
veh BA No 12 B 112551N Maruti gypsy of 1/5 GR (FF)
driven by NO 5456042f LNk Pankaj Thapa occurred while
performing Government Bonafied duty .
2. The Driver was found sleeping while driving veh BA NO
12B 112551N and some indication is that he was under
influence of the liquor. Hence he is blamed for the road
accident risking the life of co-passenger.
3. NO 5456042F LNk Pankaj Thapa would have avoided
accident when he got day break as not part of the op,
hence military discipline action should be intiaded against
him.

_____________________
Presiding Officer SS-47626H Capt Ajit Limbu

______________________
Member 1. JC -617889K Sub Lok Bdr
Thapa
_____________________
 2. JC-618277Y Sub Tas Bdr
Gurung

Finding of the court

1. No 5456042f LNK Pankaj Thapa was posted to MT PL
since 2008 till 2011 when hit Cdr veh in Garage pillar
during Gurez Tenure. On Aug 2016 driving license was re
issued to as per witness NO.1.
2. No. 5456042 F L/Nk Pnakaj Thapa was detailed for link
to bring JC-618268X Nb/sub Bishal Thapa Party from
Lanka Rly stn as per witness No.1
3. No 5456042 F L/Nk Pnakaj Thapa was influence of some
intoxicant at that time accident as per witness No.2.
4. No 54556042F L/Nk Pnakaj Thapa slept on driving back
near Lanka-Hojai Intersection , as per witness No.1.
5. 8 JAT op party help them to evacuate them to Lanka
PHC, as per witness No.2.
6. As per Doctor NO 54556042F L/Nk Pnakaj Thapa was
under the influence of liquor as per witness.no 2.

_____________________
Presiding Officer SS-47626H Capt Ajit Limbu
 ______________________
Member 1. JC -617889K Sub Lok Bdr
Thapa
_____________________
2. JC-618277Y Sub Tas Bdr
Gurung